Code of Civil Procedure, 1908–Order 1, Rule 10–Order of allowing the application–Sustainability–Suit was filed by respondent nos. 1 & 2 on the complaint filed by the respondent nos. 3 & 4–Earlier, the petitioners had made the complaint with same allegations in regard to set back of house of respondent nos. 3 & 4 and their construction of set back area was demolished–Thereafter, they filed the complaint against the petitioners on the same principles–However, the side of set back area of petitioners is not facing the house of respondents, therefore, they have no cause of action to impleaded themselves as a party-respondent in the suit–Impugned order is liable to be set aside.
